Ga. Comp. R. & Regs. R. 360-14-.06 - Exceptions to Disclosure and Consent Requirements

The disclosure of information and the consent required by these rules shall not be required in connection with a major surgical or diagnostic procedure if:

(a) An emergency exists as defined in Code Section 31-9-3;

(b) The surgical or diagnostic procedure is generally recognized by reasonably prudent physicians to be a procedure which does not involve a material risk to the patient involved;

(c) A patient or other person(s) authorized to give consent pursuant to Code Chapter 31-9, make(s) a request in writing that the information provided for in Code Section 31-9-6.1 not be disclosed or utilizes the form set forth in Exhibit B to this Rule or any other form which is substantially similar to such form or which include(s) provisions substantially similar to such form;

(d) A prior consent, within thirty (30) days of the surgical or diagnostic procedure, complying with the requirements of these rules has been obtained as a part of a course of treatment for the patient's condition; provided, however, that if such consent is obtained in conjunction with the admission of the patient to a hospital for the performance of such procedure, the consent shall be valid for a period of thirty (30) days from the date of admission or for the period of time the person is confined in the hospital for that purpose, whichever is greater; or

(e) The surgical or diagnostic procedure was unforeseen or was not known to be needed at the time the consent was obtained, and the patient has consented to allow the responsible physician to make the decision concerning such procedure.

Notes

Ga. Comp. R. & Regs. R. 360-14-.06

O.C.G.A. § 31-9-6.1.

Original Rule entitled "Exceptions to Disclosure and Consent Requirements" was filed on November 17, 1988; eff. January 1, 1989, as specified by the Agency. Amended: F. June 29, 2016; eff. July 19, 2016.